HomeMy WebLinkAbout90-033285913
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Ordinance
No. PL -20, the Deschutes County
Year 2000 Comprehensive Plan, As
Amended, to Change the Designation
of Certain Property From Medium
Density Residential to Commercial,
Taking an Exception to Statewide
Land Use Planning Goal 14, and
Declaring an Emergency.
ORDINANCE NO. 90-033
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DESCHUTES COUNTY -
OREGON
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WHEREAS, Deryl Ferguson proposed the redesignation of certain
property from Medium Density Residential to Commercial; and
WHEREAS, such redesignation requires the taking of an
exception to Statewide Land Use Planning Goal 14;
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on June 19,
1990, concerning the proposed goal exception and redesignation of
property; now therefore,
WHEREAS, the Hearings Officer approved the proposed goal
exception and redesignation of property by decision dated
August 8, 1990; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. That an exception to Statewide Land Use Planning
Goal 14 is hereby adopted for the property described in
Exhibit "A," attached hereto and by this reference incorporated
herein, and depicted on the map marked Exhibit "B, " attached hereto
and by this reference incorporated herein.
Section 2. That Ordinance No. PL -20, the Deschutes County
Year 2000 Comprehensive Plan, as amended, is further amended to
redesignate that certain property described in Exhibit "A," and
depicted on the map marked "B," from Medium Density Residential to
Commercial.
Section 3. That the reasons for the taking of the exception
and the findings and conclusions in support of the plan amendment
are set forth in the Findings and Conclusions of the Hearings
1 - ORDINANCE NO. 90-033
104 196?
Officer, dated August 8, 1990, relating to Plan Amendment Applica-
tion No. PA -90-6, marked Exhibit "C," attached hereto and by this
reference incorporated herein.
Section 4. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this _� day of 1990.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
IS SRI$TOW PRANTE, Commissioner
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Recording Secretary D LI , Con1missioner
2 - ORDINANCE NO. 90-033
104 - 1960
EXHIBIT "A"
Legal Description
Lots 1 through 32, Block 94, Hillman Addition, Deschutes County,
Oregon.
1 - EXHIBIT "A"
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EXHIBIT "B"
104 - 1969
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EXH'IB'IT "c" ( 104 1970
FINDINGS AND DECISION
FILE NO. PA -90-6 and ZC-90-8
APPLICANT: Deryl Ferguson
P. 0. Box 156
Terrebonne, OR 97760
REQUEST: The applicant is requesting a Comprehensive
Plan map amendment from Medium Density
Residential to Commercial, and a Zone Change
from RSR -M to RSC. The request encompasses
approximately 1.7 acres and involves an
exception to Statewide Planning Goal 14,
Urbanization.
PLANNING STAFF
REPRESENTATIVE: Kevin Harrison
BURDEN OF PROOF: The applicant must establish that the proposed
Comprehensive Plan map amendment and Zone
Change conform with the criteria of Oregon
Administrative Rule 660-04-018 through 660-04-
022, Planning and Zoning for Exception Areas;
Deschutes County Year 2000 Comprehensive Plan,
Rural Development; and Sections 4.130, 4.140
and 10.025 of PL -15, the Deschutes County
Zoning Ordinance.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is located at 8431 lith Street, in
Terrebonne, and is further identified on Deschutes County
Assessor's Map #14-13-16DB as Tax Lot 900.
2. ZONE:
The subject property is zoned RSR -M, Rural Service
Residential, and is designated Medium Density Residential -
Rural Service Center on the Deschutes County Comprehensive
Plan.
HEARING AND EXHIBITS
The hearing was held on June 19, 1990, at the Deschutes County
Administration Building. The following exhibits make up the
record in this matter:
A. Application;
B. Steven Myrin and Richard Hoffman letter dated May 18,
1990;
C. Burden of Proof Statement;
-1- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8
1.04 - 1971
D. Applicant's report and proposed Findings of Fact;
E. Excerpt from County Comprehensive Plan regarding
Terrebonne;
F. Letter from Rob Trout dated June 19, 1990;
G. Letter from Deryl Ferguson dated June 19, 1990; and
H. Staff Report.
LEGAL CRITERIA
1. Section 10.025 of PL -15: This section describes standards
for rezoning. The applicant for a rezoning must establish
that the public interest is best served by a rezoning of the
property. Factors to be demonstrated by the applicant are:
A. That the change conforms with the Comprehensive Plan,
and the change is consistent with the Plan's
introductory statement and goals.
B. That the change in classification for the subject
property is consistent with the purpose and intent of
the proposed zone classification.
C. That changing the zoning will presently serve the
public .health, safety and welfare considering the
availability and efficiency of providing necessary
public facilities and services. Impacts associated
with the change in zone must also be found to be
consistent with the specific goals and policies
contained within the Comprehensive Plan.
D. That there has been a change in circumstances since the
property was last zoned, or a mistake was made in the
zoning of the property in question.
2. Section 4.130 of PL -15 (Rural Service Center Zone): The
purpose of the Rural Service Center Zone is to provide
standards and review procedures for concentrations of local
commercial services to meet the needs of rural residents, as
well as limited tourist commercial services consistent with
the maintenance of the rural character of the area.
3. Relevant Comprehensive Plan Policies:
A. Rural Service Centers, Policy No. 14 (page 38): "Each
Rural Service Center shall have a compact commercial
area to serve the convenience -commercial, agricultural
and repair service needs of the surrounding rural
lands". ..."The size and uses of rural service centers
shall be such as to maintain the rural character of the
area."
B. Terrebonne Policy No. 41: "To provide more consistency
in land uses within the boundaries of Terrebonne and to
assure controlled growth the County shall:
-2- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8
104 - 1972
(b) Establish a commercial area three blocks long and
two blocks wide with "C" Avenue as the northern
boundary, the west limit being Highway 97 and bounded
on the east by a line one block east of Old Highway 97;
XXX
(e) Preserve the historic sites in the Terrebonne
area, such as the Grange Hall and the old military
road."
4. OAR 660-04-018 provides:
(1) "This rule explains the requirements for adoption of
plan and zone designations for exception areas...
Physically developed and irrevocably committed
exceptions under OAR 660-04-025 and 660-04-028 are
intended to recognize and allow continuation of
existing types of development in the exception area.
Adoption of plan and zoning provisions which would
allow changes in existing types of uses requires
application of standards outlined in this rule."
(2) "Physically Developed" and "Irrevocably Committed"
exception areas shall have plan and zone designations
which limit uses to uses which are the same as the
existing types of land use on the exception site as
defined in OAR 660-04-018(2). Uses not meeting these
requirements may be approved only under the provisions
for a reason exception as outlined in OAR 660-04-020
through 660-04-022.
(3) When a local government takes an exception under the
"Reasons" exception provisions, plan and zone
designations must limit the uses and activities to only
those uses and activities which are justified in the
exception.
5. OAR 660-04-020(2): The four factors required to be
addressed when taking an exception to a Goal are:
(a) Reasons justify why the state policy embodied in the
applicable goal(s) should not apply. (See OAR 660-04-
022 below.)
(b) Areas which do not require a new exception cannot
reasonably accommodate the use.
(c) The long-term environmental, economic, social and
energy consequences resulting from the use at the
proposed site which measures designed to reduce adverse
impacts are not significantly more adverse than would
typically result from the same proposal being located
in other areas requiring a Goal exception.
-3- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8
104 1.97;1
(d) The proposed uses are compatible with other adjacent
uses or will be so rendered through measures designed
to reduce adverse impacts.
6. OAR 660-04-022. Reasons necessary to justify an exception
under Goal 2:
...Such reasons include, but are not limited to, the
following:
(a) "There is a demonstrated need for the proposed use or
activity, based on one or more of the requirements of
Statewide Goals 3 to 19; and either
(b) A resource upon which the proposed use or activity is
dependent can be reasonably obtained only at the
proposed exception site and the use or activity
requires a location near the resource. An exception
based on this subsection must include an analysis of
the market area to be served by the proposed use or
activity. That analysis must demonstrate that the
proposed exception site is the only one within that
market area at which the resource depended upon can
reasonbaly be obtained; or
(c) The proposed use or activity has special features or
qualities that necessitate its location on or near the
propsed exception site."
FINDINGS OF FACT
1. The applicant is requesting plan and zone map amendments in
order to allow development of a grocery store on the
property consistent with the RSC zone. Applicant seeks to
change the comprehensive plan from Medium Density
Residential to Commercial, and seeks a Zone Change from
Rural Service Residential (RSR -1.1) to Rural Service Center
(RSC) .
2. The subject property is approximately 1.7 acres and is made
up of Lots 1-32, Block 94, Hillman Addition. The property
is relatively level, is covered by grass and several fruit
trees, and contains several dilapidated outbuildings.
3. The property is located in the middle of Terrebonne,
adjacent to Highway 97, in the midst of a developed and
developing area. Surrounding land uses consist primarily of
commercial uses such as Abbas Auto Repair to the north (Tax
Lot 302); The Animal Clinic of Terrebonne, The Movie House,
and Marge's Collectibles to the west, across Highway 97; The
High Desert Trading Company and La Siesta Mexican Restaurant
to the south (on Tax Lots 800 and 900, respectively).
Residential uses are found to the east. The overall
-4- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8
104 ""-1O74-
character of the area is commercial. The property to the
south is zoned RSC - Rural Service Center.
4. Terrebonne is not an incorporated area and is outside any
urban growth boundary. The plan excepts the area from the
necessity of complying with the Statewide Goal No. 14. The
Goal 14 exception was made to allow "urban" zoning to serve
the surrounding rural area. An additional exception is now
required pursuant to OAR 660-04-000 et seq to permit a
comprehensive plan amendment and rezone from residential to
commercial -rural service center.
5. The Planning Division received the following transmittals:
A• County Public Works Department: The Public Works
Department did not submit comments specifically related
to the proposed amendments. They did state that
development of the property should be conditioned on
obtaining access permits from the County or the State
Highway Division; all surface water must be disposed of
on the site and not drained to any of the public
rights-of-way surrounding this property via DEQ
approved dry wells or retention basins; all parking and
driveways serving them are to be paved with a hard,
dust -free surface; all landscaped areas are to be
planted and maintained with required sight distances at
all four corners of the property or where private
driveways access to public streets.
B. Central Oregon Irrigation District: "A review of the
records of this office show that a water right for
irrigation was awarded to the above described property
by a Circuit Court decree of 1958. Lots 17 through 32
of Block 94 were each awarded .06 of an acre for a
total of .06 of an acre."
"These rights must be removed by due process prior to a
change of use of the property, which can be approved by
this office."
C. County Environmental Health Division: "A commercial
sewage flow rate must be established for drainfield and
repair area. A Septic Site Evaluation is required."
D. Redmond Fire Department: No comments submitted.
E. State Highway Division: "This is a restricted access
section. This proposal will require an indenture
process to change the legal access points."
F. Department of Land Conservation and Development: No
comments submitted.
G. County Assessor's Office: No comments submitted.
-5- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8
r
1.04 - 197
6. The owners/operators of the Terrebonne Animal Clinic wrote
in support of the proposal and appeared at the hearing to
testify in Applicant's behalf. They believe the plan and
zone map amendments should be granted: "Because of other
businesses in existence and the traffic and noise on Highway
97, the property is not suited to any kind of residential
zoning, especially when the widening of the highway is
completed next year. The Terrebonne area is growing and a
new commercial service area would be an asset to the
community. The property, as it stands now, is not an
asset. With present zoning, improvements would not be made
because the designated uses for the property are not
compatible with the area."
7. The originally designated commercial area in Terrebonne is a
six block area with "C" Avenue as a northern boundary and
Highway 97 as the western boundary. This proposal would
extend the zone one block north, but retain a centralized
commercial area.
8. The subject property is served by telephone, water and
electrical services and can satisfy sanitation feasibility
rquirements..
9. The Grange Hall, a designated Terrebonne historical site
earmarked for preservation by the plan, is located on
commercial property.
10. A realtor in support of Applicant's proposal reviewed
alternative sites for placement of the market. The
properties located within the six block area zoned RSC are
either already occupied by a commercial use, too small a
site for the market, unable to satisfy sanitation
feasibility requirements, or are protected as historical
sites.
11. According to Applicant, traffic and market demand has
increased significantly in the Terrebonne area, as a result
of an increase of tourism, recreation and development.
Highway 97 serves as a primary north -south access route in
Central Oregon. Traffic has increased 23% from 1986 to
1988. Rural residential use in surrounding areas has
increased. Crooked River Ranch is a major market area for
Terrebonne, and it is experiencing growth measured by one
building/placement permit per day.
12. Applicant owns a smaller market store (with only eight
parking spaces) which cannot satisfy current demand of
approximately 1,000 customers a day. Other than the uses
identified in Finding No. 3, the nearest commercial
establishment are in Redmond, approximately six miles away.
-6- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8
104 - 1976
CONCLUSIONARY FINDINGS
1. Conformance with Comprehensive Plan. The proposal is
consistent with the plan policies for Terrebonne and
applicable goals and guidelines. The proposal would extend
the originally -designated commercial area of six blocks by
one block north but retain a core commercial area. The
proposal would provide necessary services for the rural area
while limiting high density residential growth. In
addition, the proposal would assist in the preservation of
historic sites such as the Grange Hall which are currently
designated for commercial development. The redesignation of
the subject parcel to commercial would not undermine the
comprehensive plan's objective of a compact commercial area
to serve the convenience -commercial, agricultural and repair
service needs of the surrounding area.
2. Conformance with Section 10.025 of PL -15, (rezoning
standards).
A. As addressed above, the proposed change conforms with
the comprehensive plan and is consistent with the
plan's policies and goals.
B. The change in classification from residential to rural
service center (RSC) is consistent with the purpose and
intent of the proposed zone classification. The
purpose of the RSC zone is to provide standards and
review procedures for concentrations of local
commercial services to meet the needs of rural
residents as well as limited tourist commercial
services, consistent with the maintenance of the rural
character of the area (Section 4.130 of PL -15). With
the impact of tourism, the increase of traffic and the
proposed expansion of Highway 97 at Terrebonne,
additional highway commercial facilities for the
traveling public are appropriate. Terrebonne is
centrally located between the Smith Rock area, Lower
Bridge area of the Deschutes River, and Crooked River
Ranch. It is accessible to motorists traveling north
on Highway 97 to Lake Billy Chinook. A zone change to
rural service center will meet the needs of rural
residents and tourists within the area.
C. The change in zoning to RSC will serve the public
health, safety and welfare. Telephone, water and
electric service are currently available to the
property. Applicant has determined that the site would
meet the sanitation feasibility requirements. The
contiguous property to the south is currently zoned
RSC, and the property to the north is used by
commercial uses. The overall character of the area is
commercial, and the use of this parcel is more
appropriately commercial than residential.
-7- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8
104 - 1977
D. There has been a change in circumstances since the
property was last zoned in 1979. Over the past 11
years, the limited property designated as rural service
center in Terrebonne has been committed to commercial
uses, or because of conflict with other comprehensive
plan policies is unavailable for commercial purposes.
The outlying rural areas in the northern part of
Deschutes County, in particular Lower Bridge,
Esquestrian Meadows, J D Harris Estates, Cinder Butte
Estates, Crooked River and the Smith Rocks area have
expanded in use. In addition, tourism has increased in
the area with Highway 97 acting as a primary north -
south access route for Central Oregon. The increase in
commercial demand from outlying rural areas in and
growth of tourism establish a change in circumstances
warranting a zone change from residential to RSC.
3. Conformance with OAR 660-04-020 through 660-04-022.
This proposal meets the requirements of a Goal 2 exception
to Goal 14 as follows:
A. OAR 660-04-020(2)(a) is satisfied by Findings No. 3, 7,
11 and 12. The subject property is currently zoned
RSR -M (Rural Service Residential). The property has
already received an exception for residential use. It
is too small for farming purposes and has no
adjudicated water rights. In addition, the parcel is
within a developing commercial area, adjacent to or in
the vicinity of other commercial uses. The property
fronts Highway 97. The parcel in question is a
committed nonresource uses. The issue here is a change
in an exception designation from residential to
commercial.
Applicant is requesting the right to develop a
commercial use (grocery store) that is consistent with
a rural service center. Application of the limited use
combining zone to limit the proposed rural service
center use of serving needs of residents in the area is
appropriate here.
B. OAR 660-04-020(2)(b) is satisfied by Findings No. 10.
There are no commercially designated areas which can
reasonably accommodate the proposed use as a market in
the Terrebonne area. Other sites within the six block
commercial area are either unavailable, currently
occupied by a commercial use, or inappropriate because
the site is too small for a market or cannot meet
sanitation feasibility requirements. The alternative
of providing such services in existing urban growth
boundaries would defeat the purpose of the rural
service center designation, which is to provide
-8- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8
104 197P'
services to the rural residents on site in rural
areas. The closest urban area, Redmond, is too far
away to adequately serve the designated rural area.
C. OAR 660-04-020(2)(c) is met by Findings No. 3 and 7.
The proposed zone change and plan amendment should
result in less of an impact the than high density
residential development contemplated by the current
zoning. Any further residential development would be
difficult due to lack of sanitation feasibility or
would require a major expenditure of community funds
for a treatment facility. The proposed use does meet
sanitation feasibility requirements and will allow a
viable economic use of a currently vacant parcel of
land. Other available sites are unsuitable because of
an inadequate size or because they cannot meet county
and state sanitation disposal standards.
D. OAR 660-04-020(2)(d) is satisfied by Findings No. 3, 7,
10, and conditions imposed pursuant to this decision.
The surrounding land uses are largely commercial in
nature. The property has already received an exception
to Goal 14 and been zoned medium density residential.
The overall commercial character of the area makes
development of this site as a rural service center more
appropriate than residential. The permitted use will
be restricted by the limited use combining zone so that
uses such as kennels and motels which might negatively
impact surrounding residential areas would be
restricted. In addition, the limited use combining
zone requires that site plans be submitted to assure
compatibility with surrounding uses.
E. OAR 660-04-022 is met by Findings No. 6, 8, 10, 11 and
12. Rural service centers are not located within an
existing growth boundary. By its nature, a rural
service center must be located near the rural
population it is to serve. This particular site lends
itself to use as a rural service center. The existing
commercial character of the area, its lack of natural
resource values, its proximity to Highway 97 and the
increase in traffic and market demand in the Terrebonne
area all point to the site, as suitable for location of
a rural service center in the Terrebonne area. The
proposed exception area would extend the current
commercial zone by one block.
5. Application of Ordinance No. 88-022 (Limited Use Combining
Zone). Applicant's proposal is premised on a need for a
grocery store. Evaluation of that proposal has addressed
the zone change from residential to commercial (RSC). The
RSC zone (Section 4.130 of PL -15) permits a broad array of
uses, some of which are inappropriate in light of this
-9- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8
104 - 197
opinion. For that reason, it is advisable to apply the
limited use combining zone (LU) to limit the permitted
activities on the parcel to retail store or service
establishment.
BASED UPON the foregoing Findings of Fact and Conclusionary
Findings, the Hearings Officer hereby recommends APPROVAL of
Applicant's request for a comprehensive plan map amendment from
medium density residential to commercial and approves a zone
change from RSR -M to RSC, subject to the following conditions:
1. A limited use combining zone is imposed restricting use
of the property to a retail store or service
establishment.
2. A site plan must be submitted for review in accordance
with Section 7.010 of PL -15.
THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS
APPEALED.
DATED and MAILED this 8th day of August, 1990.
DENISE S. FRISBE
Hearings Officer
cc: BOCC
Deschutes County Planning Commission
Deschutes County Planning Director
David M. Jaqua
Steve Myrin
Rob Trout
Mike Freeman
-10- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8